Navigating the Biometrics Law in Illinois: What You Need to Know
As technology continues to advance, the use of biometrics in our daily lives is becoming more common. Biometric data refers to unique biological characteristics or traits that can be used to identify individuals, such as fingerprints, facial recognition, or iris scans. With this increasing use comes the need for regulation to protect personal privacy and prevent misuse of this information. In Illinois, the Biometric Information Privacy Act (BIPA) was enacted to provide such protections. Let’s explore what you need to know when navigating the biometrics law in Illinois.
What is BIPA?
BIPA is a law that regulates the collection, use, and retention of biometric information by private entities. It was enacted in 2008, making Illinois the first state to have such legislation. BIPA is meant to protect personal privacy by requiring entities to obtain written consent before collecting and storing biometric data.
What Does BIPA Require?
Under BIPA, private entities must follow specific guidelines when collecting biometric data. They must inform individuals in writing about the purpose and length of time for which their data will be collected and used. They must also obtain written consent before collecting and storing biometric data and inform individuals of the data retention schedule. Private entities are required to store biometric data using reasonable safeguards to protect against unauthorized access or disclosure.
What are the Consequences of Violating BIPA?
Entities found to be in violation of BIPA can face significant penalties. Individuals can bring lawsuits seeking damages of $1,000 to $5,000 per violation, plus attorneys’ fees and costs. In addition, the Illinois Attorney General can bring enforcement actions against entities for violating BIPA.
Who is Covered Under BIPA?
BIPA applies to private entities that collect, capture, purchase, or otherwise obtain biometric data. It covers a wide range of industries, including technology companies, healthcare providers, and financial institutions. Individuals are also covered under BIPA because it creates a right to sue for those who have had their biometric data collected and stored in violation of the law.
What are the Implications of BIPA?
BIPA has significant implications for businesses and individuals alike. Businesses that collect biometric data must follow the strict guidelines outlined in the law. Failure to comply can result in costly legal battles and damage to their reputation. For individuals, BIPA provides important protections for their biometric data and personal privacy.
Conclusion
Navigating the biometrics law in Illinois can be challenging, but it is essential to ensure that personal privacy is protected and that biometric data is not misused. With the enactment of BIPA, individuals have important rights when it comes to the collection and retention of their biometric data. By following the guidelines outlined in BIPA, businesses can protect themselves from costly legal battles and damage to their reputation while ensuring that personal privacy is maintained.
